USCIS Issues New Policy Memo on Adjustment of Status

On Friday, May 22, 2026, USCIS abruptly issued a memo directing USCIS officers to treat adjustment of status (applying for a green card from within the U.S. via an I-485 Application) as a “matter of discretion and administrative grace,” not as an automatic entitlement. The guidance indicates that, with limited exceptions, individuals pursuing lawful permanent resident status will be required to complete the last step of the green card process through immigrant visa processing at a U.S. Embassy or Consulate abroad, rather than from within the U.S. through adjustment of status. Officers are instructed to consider the totality of the circumstances in every case and to weigh positive factors against negative factors when considering whether an adjustment of status application may be approved.

It is expected that the policy will impact employment-based applicants as well as family-based applicants, including those who are spouses of U.S. citizens and those who have been maintaining valid non-immigrant status. It is important to note that the memo states that holding valid nonimmigrant dual intent status such as H-1B or L-1B, standing alone, is not sufficient to warrant a favorable exercise of discretion. In other words, an H-1B or L-1 worker filing an I-485 should not assume maintenance of valid status will automatically ensure a favorable grant of discretion.

At this time, several important issues require further clarification from USCIS but at present, the new policy does not prohibit the filing of new adjustment of status applications. However, given this change, the pros and cons of adjustment of status vs. consular processing should be carefully considered and discussed with counsel prior to proceeding. The new policy will likely affect those with pending adjustment of status applications as they may receive Requests for Evidence asking for additional evidence related to eligibility for a favorable exercise of discretion. Moreover, applicants who are scheduled for an in-person interview at USCIS may be requested to provide such documentation at the time of the interview.

We expect that as many applicants will now shift to consular processing, there will be significant backlogs for immigrant visa cases at consulates abroad which already have lengthy wait times in some locations. We also expect to see an increase in Requests for Evidence and denials, as well as longer adjudication times.

We certainly expect legal challenges to the policy and are awaiting further guidance and clarification from USCIS as well on how the policy will be implemented.  We will keep you posted on any developments.